Massachusetts Heroin Laws

Massachusetts General Laws Chapter 94C (Controlled Substances Act):

• Section 32 et seq. (distribution, manufacture, and possession with intent to distribute)
• Section 34 (possession)

Possessing a controlled substance without a valid prescription is a violation of Section 34. Penalties include:

• Up to one year of jail time and a fine of up to $1,000

Possessing heroin:

• First offense: up to two years of imprisonment in a house of correction and a fine of up to $2,000
• Second or subsequent offense: mandatory minimum prison sentence of two-and-a-half years up to five years or a fine of up to $5,000 and up to two-and-a-half years in a house of correction or jail

Possessing more than one ounce of a Class E substance:

• Up to six months in a house of correction and a fine of up to $500

A person convicted of violating Section 34 and who has prior convictions under Section 34 or a prior felony conviction under Chapter 94:

• Up to two years of imprisonment and a fine of up to $2,000

The court will often place someone convicted for the first time of a Section 34 offense on probation.

Anyone who manufactures, distributes, or possesses an opioid or opiate with the intent to manufacture, distribute, or dispense it is guilty of violating Section 32. If convicted, they face the following penalties based on the controlled substance involved in the offense:

Class A opiate or opioid:

• First offense: up to 10 years in state prison or two-and-a-half years in a house of correction or jail and a fine between $1,000 to $10,000 (§ 32(a))
• Subsequent offense: mandatory minimum sentence of at least three-and-a-half years in a state prison up to 15 years and a fine between $2,500 to $25,000 (§ 32(b))
• If the person they delivered it to was under the age of 18: between five to 15 years imprisonment and a fine between $1,000 to $25,000 (§ 32F)

Class B opiate or opioid:

• First offense: up to 10 years in a state prison or two-and-a-half years in jail or a house of corrections and a fine between $1,000 to $10,000 (§ 32(A)(a))
• Subsequent offense: up to 10 years in state prison and a fine between $2,500 to $25,000 (§ 32(A)(b))
• If the person they delivered it to was under the age of 18: between three to 15 years imprisonment and a fine between $1,000 to $25,000 (§ 32F)

Class C opiate or opioid:

• First offense: up to a five-year state prison sentence or two-and-a-half years in a jail or a house of corrections and a fine between $500 to $5,000 (§ 32(B)(a))
• Subsequent offense: up to a 10-year state prison sentence or two-and-a-half years in a jail or a house of corrections and a fine between $1,000 to $10,000 (§ 32(B)(b))
• If the person they delivered it to was under the age of 18: between two to 15 years imprisonment and a fine between $1,000 to $25,000 (§ 32F)

Class D:

• The state of Massachusetts does not classify any opiates or opioids as a Class D controlled substance

Class E opiate or opioid:

• First offense: up to nine months in jail or a house of corrections and a fine of between$250 to $2,500 (§ 32(D)(a))
• Second or subsequent offense: up to one-and-a-half years in jail or a house of corrections and a fine between $500 to $5,000 (§ 32(D)(b))

Any person who traffics heroin, morphine, opium, or any other substance classified in § 31(d) (except fentanyl and carfentanil) is guilty of trafficking a controlled substance. If convicted, they face the following penalties depending on the amount of drugs involved (§ 32E):

Between 18 and 36 grams:

• Mandatory minimum sentence of three-and-a-half years in state prison up to 30 years
• A fine between $5,000 to $50,000 (§ 32E(c)(1))

Between 36 and 100 grams:

• Mandatory minimum sentence of five years in state prison up to 30 years
• A fine between $5,000 to $50,000 (§ 32E(c)(2))

Between 100 and 200 grams:

• Mandatory minimum sentence of eight years in state prison up to 30 years
• A fine between $10,000 to $100,000 (§ 32E(c)(3))

200 grams or more:

• Mandatory minimum sentence of 12 years up to 30 years
• A fine between $50,000 to $500,000 (§ 32E(c)(4))

The court may impose the fines listed above for violations of § 32E, but not in place of the mandatory minimum sentences.

Fentanyl and Carfentanil

Anyone convicted of trafficking 10 or more grams of fentanyl or a fentanyl derivative in violation of § 32E faces a mandatory minimum sentence of three-and-a-half in state prison up to 20 years (§ 32E(c 1/2))

Anyone convicted of trafficking any amount of carfentanil or a derivative of it faces a mandatory minimum sentence of three-and-a-half in state prison up to 20 years)(§ 32E(c 3/4))

Possessing or purchasing with the intent to sell drug paraphernalia with the knowledge that a person will use it to plant, cultivate, grow, produce, prepare, store, ingest, inhale, or otherwise introduce opioids or opiates into the human body is a crime in Massachusetts. Violators face up to two years of imprisonment and a fine of up to $5,000 (§ 32I).

Anyone who violates §§ 32-32I while in, on, or within 300 feet of a school or within 100 feet of a public park or playground and who, during the commission of the offense, does any of the following is guilty of a crime:

• Used or threatened violence
• Possessed a firearm
• Directed someone else to commit a felony
• Committed or attempted to commit a felony

Violators face the following penalties:

• Mandatory minimum sentence of two-and-a-half years in state prison up to 15 years
• Mandatory minimum sentence of at least two years in a jail or house of correction up to two-and-a-half years
• A fine between $1,000 to $10,000 (§ 32J)

Causing, inducing, or abetting someone who is younger than 18 to distribute or dispense, or possess with the intent to distribute or dispense, an opioid or opiate is guilty of a crime. The offender faces the following penalties:

• Mandatory minimum sentence of five years in a state prison up to 15 years
• A fine between $1,000 to $100,000 (§ 32K)